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Defective Products Lawyer in Overland, MO.

Defective Products Lawyer in Overland, MO. If you or a family member was harmed by a dangerous product, call a Burger law defective products lawyer in Overland, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your android throughout the day. You may go boating on your free days. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, shipped and sold. When there is an oversight in that process and a product becomes dangerous, it can cause serious injuries to you and your Overland, MO family. If tragedy struck you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the full financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Overland and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Overland, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Overland, MO, discover the true value of your claim by using our free personal injury calculator.



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Phone: (314) 500-HURT

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Overland, MO:

Overland, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products account for more than 29 million injuries and 21,000 fatalities annually.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme harm that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Overland, MO for understanding, devoted and talented support and legal counsel.

How Defective Products Claims Work in Overland, MO

Under Missouri Revised Statute §537.760, you and your Overland, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

  1. The corporation was part of the product's stream of commerce.
  2. The product was used in a way easily anticipated.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the claim if:

  • You discover who the manufacturer is, it has not closed their business and is able to compensate you for all of your injuries.
  • The vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the vendor took part in any other facet of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If those conditions are fulfilled, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise liable for the defect or the manufacturer cannot pay for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you deserve.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense is only applicable to for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury suits in Overland, MO depend on the notion of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if are injured by a fatigued truck driver they might be held accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage that results the reasonable use of a product, whether they were negligent or not. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your Overland, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — when it left the manufacturer's or distributor's control.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

  1. Design Defect: A design defect is an innate imperfection in the design that afterwards affects all products with the same design. An example is a piece of clothing that is easily flammable.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product hazardous, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be installing outdated components or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement thorough safety procedures for ensuring the safety of their products. However, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Overland, MO will fight by your side and insist on nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Overland, MO

A common defense for manufacturers in a defective products lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you are liable for a portion of your damages and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the harm they have caused. Your Overland, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, if you put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You used the product while aware of a reasonable level of danger associated with the use. This is often called as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not followed proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — argue that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement numerous deceitful tactics to try and minimize your claim, but your Overland, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at (314) 500-HURT for legal advocacy that rivals and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Overland, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Overland, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Steering systems
  • Accelerators

Offroad vehicles like 4-wheelers can also cause harm, for instance if a design defect gives them a heightened propensity to rolling over.

Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.

Defective Medical Devices Lawyer in Overland, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Overland, MO has seen be defective include:

  • Artificial joints that can result in infections, limited mobility, pain or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can result in perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can puncture organs, lead to pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a defective medical device caused you damages, your Overland, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Overland, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Overland, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition worsen because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.

Other examples of dangerous products we collect compensation for our clients for in Overland, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Cosmetic products

Call Burger Law Now

Overland, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Overland, MO knows that being harmed by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Overland and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Overland, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Overland, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.

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